Luis Orozco-Alvarez v. Eric Holder, Jr.

MEMORANDUM

In these consolidated petitions for review, Luis Arturo Orozco-Alvarez, a native and citizen of Mexico, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from a decision of an immigration judge (“IJ”) denying his application for cancellation of removal and of the BIA’s subsequent order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law and due process claims, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004), and review for abuse of discretion the denial of a motion to reopen, Nehad v. Mukasey, 535 F.3d 962, 966 (9th Cir.2008). We deny in part and dismiss in part the petitions for review.

The BIA correctly determined that Orozco-Avarez’s conviction under Arizona Revised Statutes § 13-3407 is for a controlled-substanee violation that renders him removable under 8 U.S.C. § 1227 (a)(2)(B) because a modified-categorical analysis of the criminal complaint, read in conjunction with the plea agreement, establishes that Orozco-Alvarez’s offense relates to methamphetamine. See Mielewczyk v. Holder, 575 F.3d 992, 998 (9th Cir.2009) (“Ariz.Rev.Stat. §…